Terms of Use

General

Welcome to our website. This website, http://www.shaya.com.tr/ (the "Web Site") is provided by Shaya Mağazacılık A.Ş. and Shaya Kahve ve Tic. A.Ş. ("Shaya"). Access to, the viewing of or the use of any content, information, data, feature, product or service or part(s) thereof that are made available, accessible by or through any part or parts of or distributed in conjunction with the Web Site (the "Content") by any user shall be governed by the following terms of use ("Terms of Use").

Access to or the use of the Web Site or the Content is offered to you on your acceptance of these Terms of Use and our Privacy Policy (which is located at http://www.shaya.com.tr/ website), as well as any other notices or policies posted on the Web Site or incorporated by reference into these Terms of Use from time to time. By accessing or using the Web Site or the Content you acknowledge and agree to these Terms of Use, our Privacy Policy and any other notices or policies posted hereto. If you do not agree to be bound by and comply with all of the foregoing, you may not access the Web Site.

Limited License

Subject to the terms and conditions set forth in these Terms of Use, Shaya grants you a non-exclusive, non-transferable, limited right to access and to use the Web Site and the Content.

Certain Disclaimers

The Web Site and the Content and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible through or distributed in conjunction with the Web Site is intended to provide general information about our business which may be of general interest to you and is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or any other uses by you in any form or manner whatsoever, other than as set forth in these Terms of Use. Neither the Web Site nor the Content should be used or relied upon for any other purpose.

The Web Site and the Content and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible at or distributed in conjunction with the Web Site may contain inaccuracies, typographical errors or other clerical errors. Accordingly, Shaya gives no representation, warranty, or guarantee (and expressly disclaims responsibility) with respect to the accuracy, timeliness, reliability or completeness of the Web Site, the Content or any and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible through or distributed in conjunction with the Web Site.

Disclaimer of Warranty

The performance or display of the Web Site, the Content and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible at or distributed in conjunction with the Web Site are provided to you on an "as is", "where is", "as available" basis and without any warranties. Shaya makes no representation, warranty or guarantee of any kind whatsoever, including, without limitation, any express or implied warranties or warranties of merchantability, fitness for a particular purpose, non-infringement of the rights of third-parties with respect to the Web Site or the Content or any and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible through or distributed in conjunction with the Web Site. You agree that Shaya shall also not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, internet access providers, hardware, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using the Web Site.

Limitation of Damages

You acknowledge and agree that any access to, use of, or reliance upon, by you, in whole or in part, of the Web Site or the Content or of any similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible at or distributed in conjunction with the Web Site shall be entirely at your own risk. In no event shall Shaya or any of its affiliates be liable to any person, legal or natural, for any direct, indirect, consequential, incidental, special, exemplary damages or any other damages (including, without limitation, any loss of profits, business interruption, loss of hardware, computer systems, information or programs, or other data on your system, etc.) that are related to the performance, access to, the use of or the inability to access or use the Web Site or any website, portal or interface linked from, within or to it, or the Content even where Shaya has been advised of the possibility of such damages.

User Conduct and Obligations

You agree to follow all applicable international and/ or domestic laws and regulations when using the Web Site. Furthermore, you agree that you shall not or shall not attempt to do any of the following, except with the prior express written consent of Shaya:

disrupt, place unreasonable burdens or excessive loads on, interfere with, interrupt or attempt to gain unauthorized access to any portion of the Web Site, its computer systems, servers or networks;

sell access to the use of the Web Site or the Content;

redistribute the Content in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;

intentionally alter the format in which the Web Site or the Content is displayed;

embed or import the Content into any information services (whether or not web-based), data files or application software;

reproduce any portion of the Web Site or the Content; and

undertake any other practice or activity the purpose or effect of which is to adversely affect the Web Site or the Content.

Third-Party Content/ Third Parties

The Web Site may display or make available certain content or data derived from third-parties, including articles, analyst reports, or links or pointers to other websites, portals or interfaces or content, including information or data displayed therein, including references to features, products and services offered by third parties ("Third-party Content"). Third-party Content is not created, approved or endorsed by Shaya and is made available or accessible through the Web Site for general informational purposes only. All Third-party Content is obtained from sources believed to be reliable; however, no representation, warranty or guarantee is made by Shaya as a result of the display, availability or accessibility of Third-party Content through the Web Site as to its accuracy, completeness or timeliness. You agree not to hold Shaya liable in any manner with respect to the display of, your reliance on, use of or inability to use such Third-party Content.

You acknowledge and agree that your business dealings (including payment for and delivery of any related goods and services) with any third party(ies) or non-affiliates of Shaya referred to or displayed through the Web Site are solely as between you and such party(ies). You acknowledge that in such dealings Shaya is not the seller or vendor and your agreement of purchase for products or services with any such party(ies) is solely between you and such party(ies) and not Shaya. Shaya assumes no responsibility whatsoever for any charges, losses, liabilities or damages that you or any user of your account incurs in connection with any such dealings or the making or completing of transactions with any such party(ies).

Proprietary Rights

All of the Web Site and the Content is protected in their entirety first and foremost by Law Number 5846 on Intellectual and Artistic Works and Directive with the Force of Law Number 556 on protection of Brands as well as by the the provisions of applicable international copyright laws and agreements. By using, or accessing the Web Site or the Content, you agree to comply with all applicable copyright laws. All identifying marks of Shaya are and shall remain the trade-marks, marks and trade names and or otherwise the exclusive intellectual property of Shaya. Any unauthorized use of these marks, intellectual property or of any of the rights associated therewith or derived therefrom is unlawful. All other trade-marks or intellectual property rights on this website are the property of their respective owners. Shaya does not grant any express or implied rights with respect to any trade-marks, copyrights or any other form of intellectual property, content or data and any such rights not expressly granted to you are reserved by us or their owner.

Indemnity

You agree to indemnify, defend and hold us and our affiliates, partners, subsidiaries, officers, directors, employees and agents harmless with respect to any loss, liability, claim, demand, judgment, damages, expense or other loss (including reasonable legal fees) asserted by or awarded to any third party and relating to your access to or use of the Web Site or the Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Changes

Shaya shall have the right, in its sole discretion, to correct, limit, modify, change, add, remove, discontinue or suspend the Web Site or the Content, terms or conditions of these Terms of Use or any policy or notice or any part(s) thereof without notice or liability to you. Any such changes shall be effective immediately following the posting or making of such change(s). You agree that any subsequent access to or use of the Web Site shall constitute your acceptance of all such changes.

Shaya may also impose limits on certain features and services of the Web Site or restrict your access to any part(s) or the whole of the Web Site without notice or liability to you. Shaya may terminate the authorization, rights and license given above and, upon such termination you shall not and shall not attempt to access or use the Web Site or the Content.

International Users and Choice of Law

This website is operated and managed by Shaya via its offices in the Republic of Turkey. Shaya makes no warranty or other assertion that its website or the content of that website is suitable for usage or access in locations, regions or legal jurisdictions outside the Republic of Turkey. In the event that the User accesses the site from outside the Republic of Turkey, the User must abide by all current and relevant local legislation.

These Terms of Use are subject to the laws and regulations of the Republic of Turkey and, regardless of conflicts with any laws, these Terms will be interpreted within the framework of the aforesaid laws. The User unconditionally accepts that in any dispute arising from these Terms of Usage, the Courts of Istanbul will be the courts of record.

Invalidity/ Waiver

If any provision(s) of these Terms of Use or any part(s) thereof is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions or part(s) thereof shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

Contact

If you have any questions about the Web Site or these Terms of Use, please feel free to contact us at webmaster@shaya.com.tr